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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant is a person to sublet the above apartment (hereinafter referred to as “the apartment of this case”) from D, which was leased by the Korea Land and Housing Corporation (hereinafter referred to as “the apartment of this case”) with the deposit of KRW 55 million, monthly rent of KRW 430,00,000, and the contract term of KRW 10,000,000,000.
On April 5, 2014, the Defendant concluded a sub-lease contract with the victim F (hereinafter referred to as “sub-lease contract of this case”) with the victim F, stating that “The apartment of this case has already been paid KRW 60 million with a public rental deposit, and if there is no problem in the lending, it would receive a loan as security and redeem the security deposit if there is no loan.” The Defendant entered into a sub-lease contract with the victim and the apartment of this case from April 19, 2014 to April 19, 2016 (hereinafter referred to as “sub-lease contract of this case”).
However, on August 24, 2010, the Defendant obtained a loan of KRW 45 million from the Saemaul Bank of Han River as collateral to the right to claim the refund of the deposit of KRW 55 million from the Korea Land and Housing Corporation of the above D and transferred the right to claim the return of the deposit to the Korea Saemaul Bank of Han River. Therefore, the above deposit of KRW 5 million was impossible to return the deposit under the instant sub-lease contract. At the time of the conclusion of the instant sub-lease contract, the Defendant did not have any specific property or income but did not have any ability or intent to return it to the victim even if he received the deposit from the damaged party.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 6 million from the victim, to the account in the name of the Defendant, around April 5, 2014, and acquired KRW 54 million from April 19, 2014, and acquired KRW 60 million in total by receiving the delivery of KRW 54 million as his/her front check.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Each written statement of G and H prepared;
1. Each reply, receipt, written contract, and each of them;